PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Ruling on Motion
.........Uncontroverted Evidence
5 Cards On This Topic:
  • Summary judgment properly granted where H could designate all trust assets to himself under a general power of appointment.
  • SJ proper when movant’s supporting papers present proof it is entitled to SJ; opponent’s exclusively legal arguments erroneous.
  • Bare conclusion of law is not sufficient, even though uncontradicted, to support SJ motion nor to create triable issue of fact when filed in opposition.
  • Opponent’s failure to file counter affidavits admits truth of movant’s affidavit.
  • Failure to file counter decl. admits truth of movant's decls, but SJ not warranted where decls insufficient to prove movant entitled to judgment as matter of law.